Can I not pass the medical examination
The medical examination
The medical examination is stipulated in the Youth Labor Protection Act (JArbSchG) - called the initial examination. Such an investigation primarily concerns underage trainees. But what exactly should you pay attention to as a trainee? Who is it affecting in detail? What does the legal basis say? Do you have to pay for it? And why is such an investigation necessary at all? Does this medical examination also apply to legal clerks? In the following we have put together some important information on the topic for you.
A minor trainee, the not yet worked before starting his apprenticeship has to be examined. This can happen to a Doctor of his choice happen. He provides the trainee with a Certificate which is to be submitted to the training company. The examination should be carried out on the first working day not more than 14 months ago. The costs are covered either by the state or the respective municipality.
Important! The medical examination is required by law.
The medical examination in training
The medical examination is elementary for the training important. Because the doctor checks whether the trainee is suitable for the desired profession and, based on his diagnosis, points out aspects that should possibly be considered. Is it possible that an apprentice cannot perform certain activities due to innate bone structures? Are there allergies that completely rule out working with certain substances?
The Vocational Training Act (BBiG) this topic only applies in the context of Entry, amendment and deletion of the training contract on, in § 35:
A vocational training contract and changes to its essential content are to be entered in the directory if (3) for trainees under 18 years of age, the medical certificate for the initial examination according to Section 32 (1) of the Youth Labor Protection Act is presented for inspection.
In addition, this is concerned Youth Labor Protection Act with the investigation very detailed and extensive. The § 32 defines the so-called initial examination in training:
A young person who starts working life may only be employed if he has been examined by a doctor within the last fourteen months (initial examination) and the employer has a certificate issued by this doctor.
Paragraph 1 does not apply to marginal or no longer than two months employment with light work, from which no health disadvantages for the young person are to be feared.
The first follow-up examination
Just like the medical examination before the training is also the so-called Follow-up examination prescribed and regulated by law. At the latest one year after the start of the training a trainee has to be examined again. After almost nine months, the trainer should remind the trainee of this. After this year the medical examination is allowed not more than three months ago. If the employer does not have the certificate of the medical examination, he must give the trainee a written notice within one month Employment ban indicate if the certificate is still missing.
Important! Section 33 JArbschG: The young person may not continue to be employed after 14 after taking up his first job, as long as he has not submitted the certificate.
If a trainee changes his training company in this first year of apprenticeship, either the certificate of the initial examination or the first follow-up examination must be presented to the new employer.
When is an extraordinary follow-up examination possible?
- If it is found that the minor's level of development is not appropriate to his / her age.
- When health weaknesses or even damage are diagnosed.
- When the effects of employment on health or development cannot be foreseen.
The medical examination - content and procedure
Important! A medical examination for training includes:
- health status
- Stage of development
- Physical condition
- (Follow-up) Employment Health and Development Impact
To preparation the medical examination in the training requires the following form: the Questionnaire. This must be completed by the legal guardian and presented to the doctor.
For the Initial examination according to the Youth Labor Protection Act the doctor responsible must determine whether the Development as well as health of the trainee could be at risk at a certain time during the training. It must also be clarified whether special measures are necessary. Among other things, this can also be done by Refreshing the vaccination status be. Finally, it should be determined whether a extraordinary follow-up examination is required.
The medical certificate for the training
The doctor notes: the Examination findings, those Work that endangers health, the activitiesthat should be taken and any extraordinary follow-up examination. This is recorded in the examination form, which Retained by the doctor for ten years should be. Also a so-called Complementary examination may be necessary when the doctor may need a second opinion or a dentist's assessment.
The Certificate of medical examination for the employer contains only that the medical examination has taken place has and the Note that certain work may endanger the health of the trainee.
First of all, the trainee may not carry out these activities with such a note. The Supervisory authority can grant approval in consultation with the doctor. In all likelihood that will happen then under fixed conditionsthat both the trainee and the trainer must adhere to.
A few last important notes for the initial examination (training) for trainees under 18 years of age:
- The The custodians must be informed in writing of the result of the initial examination in accordance with Section 39 of the Youth Labor Protection Act.
- The medical certificate for training is to be kept by the employer, until the apprentice reaches the age of 18 or until the end of the apprenticeship.
- The The supervisory authority and the trade association have the right to inspect in these documents.
- In the event of a change of the training company or a termination, the young person is entitled to Hand over the certificate.
- After all, the trainee is to be released for the performance of the medical examination.
By the way: According to the Youth Labor Protection Act, medical examinations also apply to legal clerks. If you are a minor at the start of your training, you must also have an initial medical examination here. If the certificate is not received in time, your apprenticeship will not be entered.
The following generally applies to medical examinations:
- The initial medical examination must have taken place at the beginning of the training and must not be more than 14 months ago.
- After the first year of training, the trainer must have a certificate for the follow-up examination, which must not be more than three months ago.
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